A “kid” from Brooklyn meets a “kid” from Candor, NY, at Rita Kellogg’s Side Hill Acres dairy goat farm.

Felix W. Ortiz, Chair • Sheldon Silver, Speaker • Summer 2005

Message from the Chair

Dear Friends:

What a difference a year makes! Last summer I was writing to ask you to back our efforts to secure
funding in the budget for the Childhood Obesity Prevention Program. In April we passed our first on-time
budget in 20 years and thanks to your support we included $1.5 million annually for child obesity programs
in 2005 and 2006. I have also re-introduced legislation, A.5665, to provide
a more substantial and stable source of revenue to fund this effort. This bill, sometimes dubbed the “fat tax,”
was endorsed in a New York Times editorial earlier this year. Another budget-related success was the extra
$350,000 the Assembly Majority was able to add for the State’s Hunger Prevention Nutrition Assistance Program.

Continuing our multi-pronged approach to fighting obesity we pushed hard this Spring for my chain restaurant/food
establishment nutrition labeling bill, A.5664. Although we got the bill to the floor of
the Assembly, the opposition was intense and it did not pass this Session. We will continue our fight next year
and with your support we can pass this bill and empower families to eat healthier.

We were successful with another Task Force bill, A.8005, to help farmers and
farmworkers by providing Spanish language training and certification for agricultural pesticide applicators. More
farmers are relying on foreign-born full-time farmworkers who are taking on important responsibilities that require
technical training. The bill passed both houses and will be sent to the Governor for his consideration later this summer.

We sponsored an all-day public hearing in May to hear your thoughts on where our State’s food policy should be headed.
We received testimony from 46 individuals and organizations from around the State presenting recommendations on food
policy councils, community food security, food assistance, agriculture, nutrition, food-based economic development,
healthcare, and government and non-profit programs. I plan to follow up by organizing smaller regional meetings to further
discuss these proposals. I considered the hearing the first meeting of a “statewide advisory council” to give my Task Force
direction in the coming years. If you could not attend the hearing, I still welcome your new ideas; please contact us.

As Task Force Chair, it is my job to represent a wide variety of interests and try to craft policy that improves the lives of all the
people of New York State. Without your support and guidance we could not do our job. Thank you.

Everyone knows that obesity is a serious problem in this country and in New York. Over the last twenty
years, nationwide obesity rates doubled in adults and the percentage of seriously overweight children
tripled. The NYC Health Department found that nearly half of the City’s elementary-aged children are
overweight. Over 32 percent of the 2-5 year olds who are participating in the NYS Women, Infants and
Children (WIC) nutrition program are overweight or at risk of being overweight. Obesity can lead to
serious illnesses such as diabetes. The Centers for Disease Control (CDC) estimates that one in three
U.S. children born in 2000 could become diabetic in their lifetimes because of obesity.

In addition to the human suffering caused by obesity-related illnesses, there is a growing financial burden
on everyone, including taxpayers. An Emory University study found that U.S. employers and privately insured
families spent $36.5 billion on obesity-related conditions in 2002, up from $3.6 billion in 1987. It is estimated
that $3.5 billion of New York’s Medicaid spending is related to obesity, by far the highest level of any state.

This crisis is a result of changes in individual behavior and society as a whole, including a more sedentary
way of life and a shift in food consumption. For example, Americans are increasingly eating meals away from
home, and food businesses, especially chains, spend hundreds of millions of dollars encouraging children
and their families to visit frequently. In 1970, Americans spent 26 percent of their food dollars on foods prepared
outside their homes but today spend almost half of their food dollars eating out. The average American consumes
about one-third of calories at restaurants and other food-service establishments. Portion sizes have been increasing;
it is not uncommon for a restaurant entree to provide half of a day’s recommended calories, saturated and trans fat,
and sodium. Children eat almost twice as many calories when they eat out compared to eating at home. Unfortunately,
calorie and other nutrition information is not readily available outside of grocery stores.

Since 1994, nutrition labeling on packaged foods at the supermarket has been mandated by law. However, when the
public eats out, nutrition comparisons are virtually impossible, making informed choices difficult. For example, would
anyone know that a sweetened coffee drink at one restaurant chain may have more fat and calories than a cheeseburger
with fries at another? Most people recognize that certain foods tend to be more fattening than others, but studies have
shown that even nutritionists with advanced degrees underestimate the calorie and fat levels of food when they eat out.
We need more information.

The Task Force legislation, A.5664, introduced to address this problem, would require
that large chains — defined as 10 or more businesses — list calorie, fat, carbohydrate, and sodium levels. These chains
have standardized menus and offerings which make it easier to provide such nutrition information. If they only have menu
boards or signs they only need to list calories. The labeling requirement would apply only to items listed on the printed
menu as they are usually prepared and offered for sale; one-day specials or special orders by customers would not be
affected. Many chains already provide this information on their websites. The implementation of this bill is designed to be
reasonable. Enforcement provisions are limited to ensuring that the nutrition information is on the menu or menu board.
Health inspectors are not required to test food; documentation of accuracy may be requested from corporate headquarters.
Stores would not get fined because a counter person put too much cream cheese on a bagel one day.

Assemblyman Ortiz joined the Governor at an Albany area school to kickoff the Active8 initiative which is an
outgrowth of the Childhood Obesity Prevention Program Law sponsored by Ortiz.

Although some opponents of the legislation claim that this is a “nanny” bill designed to limit consumer choice, the proposal
does not mandate what the chains serve or how they cook. However, who would complain if the nutrition listings result in
businesses offering more wholesome options? Providing nutrition information to customers would also help prevent
misleading claims for products implied to be healthier than they are. Most important, surveys show that two-thirds of
Americans support requiring restaurants to list nutrition content. We should give it to them.

This bill was developed as part of a comprehensive approach to reducing obesity. Task Force Chair Assemblyman Ortiz
held several public hearings around the State, which led to the passage of the State Childhood Obesity Prevention Program,
now funded at $3 million for community- and school-based programs. He also sponsors legislation to increase physical
education and provide insurance coverage for nutrition counseling. Many experts, however, believe that, while formal
programs are essential, families still have to navigate a confusing food “environment” filled with unhealthy choices that
make it difficult for education to be effective. The chain restaurant/food establishment labeling bill would allow consumers
to make informed choices at the point-of-purchase and might also result in a marketplace with more nutritious alternatives.

Some researchers believe that because of increased levels of obesity this generation of kids may be the first in modern
history to have a shorter life expectancy than their parents. Everyone needs to be part of the solution or we all, including
chain food businesses, will pay the consequences through higher health insurance and Medicaid costs. Critics of
government efforts to fight child obesity often claim that it is the parents’ responsibility to choose healthier foods. Let’s
give them a chance by providing nutrition information where families eat and see if we can empower parents, and children,
to do a better job.

Helping Farmers and their
Spanish-Speaking Farm Workers

In June the Legislature gave final approval to A.8005/S.5576,
a bill that would have the Department of Environmental Conservation (DEC) provide Spanish
language training and testing for the increasing number of immigrant farm laborers who may
need to become certified agricultural pesticide applicators.

Assemblyman Ortiz, Chair of the Task Force, explained the genesis of the bill. “Two years ago,
apple growers from the Hudson Valley came to me asking for help. In recent years labor shortages
have required farmers in New York State to rely on immigrants to fill full-time jobs on the farm. These
workers are often used in positions requiring training and increased responsibility, such as overseeing
the milking of cows and helping with pest management. Unfortunately, farmers, especially fruit and
vegetable growers, who would like their Spanish-speaking employees to become certified pesticide
applicators, are unable to do so in New York. This is a problem for the farmers, the employees and the
public concerned about proper pesticide use.”

The bill would have the Commissioner of DEC provide all the necessary materials and exams in Spanish
for the private pesticide applicator certification of farm employees and authorize translations for other
languages if the Commissioner deems it necessary. The information could also be used for employees
of commercial applicators. The Commissioner could require that pesticide manufacturers provide Spanish
translation of pesticide labels and directions so they could be used by the Spanish-speaking applicators.
Puerto Rico, which is in the same federal Environmental Protection Agency (EPA) region as New York, has
a certification program in Spanish. Manufacturers sell the same pesticide products in Puerto Rico, but with
Spanish translations of labels and directions.

Developing a Spanish-language agricultural employee pesticide certification would: ensure that all employees
on a farm who might apply pesticides are fully trained and tested by the State; assure the public that all pesticide
applicators understand safe methods for applying pesticides; help short-staffed farmers make effective use of
their non-English speaking employees; and provide a career advancement opportunity for farmworkers.

“The legislation is a win-win-win for farmers, their hard working immigrant workers, and the public. Many of these
workers are learning English; as they become more proficient they may not need the Spanish material, but for now
the sensible thing to do is make sure that everyone who helps grow and produce our wonderful New York food is
fully trained and certified. I look forward to the Governor signing this legislation,” said Ortiz.

Farmers Kevin Engelbert and Carl Brink from Tioga County in the Southern Tier hosted Assemblyman Ortiz
as part of a tour that also included a visit to the Oswego County Farm Bureau conference. Ortiz sponsored the
Farm-to-School law in 2002 that has resulted in local farm products being offered to school children — future
consumers — in NYC and other urban districts. One part of the Farm-to-School effort is NY Harvest for NY Kids
Week, October 1st-9th. This year is the 10th anniversary!

Task Force Legislation

The following new Task Force bills were introduced this year and are in committee. For a complete list of
Task Force legislation please click here, or email us at
sternr@assembly.state.ny.us, or call us at 518-455-5203.

A.5763 Ortiz (MS) — Requires schools to implement a method
to measure, report, and analyze the body mass index of its students.

A.8000 Ortiz (MS) — Finances the transportation and distribution
of New York State farm grown products to food service markets especially in underserved communities.